- 17 - marital dissolution proceeding that the amounts were not taxable. Reliance on an attorney may relieve a taxpayer from the accuracy- related penalty where the taxpayer’s reliance is reasonable. Stolz v. Commissioner, T.C. Memo. 1999-404. However, in this case, petitioner’s attorney did not draft the temporary order to provide that the amount for support or temporary maintenance was not includable in her income, and therefore, these facts do not support reasonable cause. Petitioner’s reliance on the divorce attorney also does not constitute reasonable cause, as she failed to show that the attorney was skilled or knowledgeable in the tax consequences of the divorce proceeding. Therefore, we sustain respondent’s determination of the penalty under section 6662(a) and (b)(1) for taxable year 2002. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011